Biswajit Sarkar

We are a full-fledged law firm with national and international presence. We handle matters related to Intellectual Property Rights. Our exposure to the complexities in the ambit of Intellectual Property Law gave us the impetus and inspiration to diversify into other streams such as Corporate Affairs, International Trade and Information Technology. Our firm was established in the year 1990 at Kolkata and since then we are continuously growing through our various offices in India and abroad. Our professional team is having vast experience in handling the routine matters and the complicated cases in the field of Intellectual Property Rights. Our clientele is located worldwide and is ranging from individuals to some of the most renowned companies globally.

OUR LANDMARK CASES
Blue Border Saree – An Intellectual Property
Missionaries of Charity – Copyright
Only Address – A unique trademark – 6 BALLYGUNGE PLACE

Blue Border Saree – An Intellectual Property
The light and  spirit of Blessed Saint  Mother  Teresa  are  still burning  brightly. On September 04,2016,she  was  canonized  and  this  also  coincided  with  the  recognition  of the  Blue  border  saree,  the apparel  worn  by  the  nuns  of  Missionaries  of  Charities,  as Intellectual  Property. The distinct blue pattern of the saree cannot be imitated by anyone else. To  protect  their  identity  through  Intellectual  Property Rights, trade  mark  applications were filed on December 12, 2013 before the Trade Marks Registry after which necessary due  diligence  as  well  as necessary  procedures were  being  followed. Thereafter,  the registrations  were  granted  after  nearly  three   years.  In  order to  commemorate  the sainthood  of  Mother  Teresa,  the  Government  of  India  symbolically  granted  the  trade mark registration on September 4, 2016.

Missionaries of Charity – Copyright
Missionaries of Charity is an International religious congregation founded by Mother Teresa, in the year 1950. With the spirit of helping the poor and down-trodden in society, Biswajit Sarkar, our senior Attorney, had volunteered the legal service to uplift the intellectual vision of such an acclaimed and esteemed institution by creating the Copyright Protection over the House Name of Missionaries of Charity.

Only Address – A unique trademark – 6 BALLYGUNGE PLACE
An interesting turn in the history of Intellectual Property Right in India was witnessed, when the IP Law firm headed by Biswajit Sarkar won the Landmark case of '6 Ballygunge Place' in favor of the owners of the restaurant, the Savourites. '6 Ballygunge Place' is the service mark adopted by the Savourites (now Hospitality Pvt. Ltd) for the business of restaurant. However, the name ' 6 Ballygunge Place' was denied registration by the Trade Marks Registry , India. The Law Firm led by Biswajit Sarkar not only argued for the right of the restaurateurs over their original idea but also re-established the need to nuance our understanding of intellectual property right.

PATENT
A patent is an important asset for an organization. However, obtaining a grant of a patent is a long process with multiple checks on novelty, non-obviousness and industrial application of the invention. A patent gives an exclusive right to the inventor to make, use and sell his invention. This exclusive right is given for a period of 20 years from the date of filing. The main idea behind a patent is to protect the inventions that are created, thereby encouraging more developments.

TRADE MARK
A trademark is a unique sign that identifies the goods or services of one business and distinguishes them from others. It is important to register a trade mark to get benefits of such registration. A registered trademark ensures that no one copies or misrepresents your brand. Further, it helps your business to build goodwill and protects the customers from any deception or confusion. A trademark does not have a set limitation period and can be renewed every 10 years.
COPYRIGHT
Copyright is a type of Intellectual Property that protects the original works of the author as soon as it is fixed in a tangible form of expression. Copyright subsists in works of - literary, drama, music, art, cinema, etc.
INDUSTRIAL DESIGNS
The term Industrial Design, is known as the design, the surface pattern or the shape associated with a product or an article which is unique in nature. The registration of a design in India confers on the applicant the exclusive right against unauthorized copying and imitation of his design by third parties.
GEOGRAPHICAL INDICATIONS
A Geographical Indication shows that the goods originate from a country, region, or locality. It also represents some special characteristics and qualities which are attributable to its place of origin. An application for registration of a Geographical Indication can be made by any associations of persons or organizations representing the interests of the producers of the respective goods.